Titles to Land Consolidation (Scotland) Act 1868

104 Where Subject Superior's Title incomplete, Owner may in certain Cases apply to Lord Ordinary on the Bills to ordain Superior to complete his Title and grant an Entry under pain of Forfeiture.

Where the Person having Eight to the Superiority of any Lands, which Superiority is not defeasible at the Will of the Vassal or Disponee, shall not have completed his feudal Title thereto so as to enable him to enter any Heir or Disponee of the Vassal last publicly infeft in the said Lands, or any Adjudger or other Party deriving Eight from or through such Vassal, where such Heir, Disponee, Adjudger, or other Party, if such Person had been infeft in the Superiority, would have been entitled to compel Entry in virtue of this Act, or of an Act passed in the Twentieth Year of the Reign of His Majesty King George the Second, or otherwise, it shall be competent to such Hen, Disponee, Adjudger, or other Party, provided the annual Reddendo attached to such Superiority shall not exceed Five Pounds Sterling in Value or Amount, to present a Petition to the Lord Ordinary on the Bills, in the Form or as nearly as may be in the form No. 1. of Schedule (X.) hereto annexed, praying for Warrant of Service on such Person, and for Decree in the Terms set forth in such Petition, and the Lord Ordinary on the Bills shall pronounce an Order for Service of such Petition in Terms or as nearly as may be in Terms of the Interlocutor No. 2. of Schedule (X.) hereto annexed; and if after such Service, and the Expiration of the Days of Intimation, such Person shall not comply with the Demand of the Petition by completing his Title and granting Entry to the Petitioner as aforesaid, or shall not show reasonable Cause to the Lord Ordinary why he delays or refuses so to do, he shall, for himself and his Heirs, whether of Line, Conquest, Taillie, or Provision, forfeit and amit all Bight to the said Superiority, and the Lord Ordinary shall pronounce Decree or Judgment accordingly to the Effect of entitling the Petitioner, and his Heirs and Successors in the said Lands, in all Time thereafter to hold the same as Vassals immediately of and under the next Over Superior by the Tenure and for the Reddendo by and for which the forfeited Superiority was held, all in the Form or as nearly as may be in the Form No. 3. of Schedule (X.) hereto annexed; and such Decree or Judgment, and any similar Decree or Judgment which may have been pronounced under any of the Acts of Parliament hereby repealed, when extracted and recorded in the Register of Sasines appropriate to the Lands, shall be held absolutely to extinguish such Right of Superiority, and shall enable the Petitioner to apply to such Over Superior, as his immediate Superior, for an Entry accordingly ; and it is hereby provided, that in the renewed Investiture to be so obtained by the Petitioner under the Authority of the said Decree, or Judgment, the Tenendas and Reddendo contained in the Title Deeds of the forfeited Superiority shall be inserted in room of those contained in the Investiture of the Petitioner's Predecessor or Author, and the Lands shall be held by the Petitioner and his Successors according to the Tenure of the forfeited Superiority in all Time thereafter; and the Writ in the Petitioner's Favour shall be expressed, as nearly as may be, in one or other of the Forms given in Schedule (AA.) hereto annexed.